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Know the Salient Points of Marijuana Laws and Effectively Advise Your Clients

The legalization of marijuana has created business opportunities, but it has also created many questions and uncertainties for attorneys advising businesses due to the position of the federal government. What are possible federal responses to legalized cannabis? What types of businesses does state law allow, and how does a potential business owner obtain a permit? When is an attorney potentially violating federal law by merely assisting a client? Learn the answers to these questions and more - register today!

  • Understand how the federal government can use forfeiture laws to close marijuana-related businesses.
  • Evaluate the current banking landscape and determine whether a cannabusiness can obtain financing.
  • Ensure marijuana business clients have business policies and procedures in place that help them avoid legal scrutiny.
  • Confidently advise clients on all aspects of the marijuana business licensing process.
  • Gain practical legal tips on cannabis product packaging, labeling and testing.
  • Recognize the state and federal tax implications for cannabis-related businesses.
  • Analyze the ethical implications of advising cannabis business clients.

  1. Federal Responses to California Marijuana Law
    9:00 - 9:45, Written and Presented by Aimellia K. Siemson in Sacramento and San Francisco.
    1. Current Federal Enforcement Priorities
    2. Federal Memos and Contradictory Messages
    3. Possible Legal Consequences to Cannabis Consumers Under Federal Law
      1. Gun Control Act of 1968
      2. Federal Housing Assistance
    4. State Agencies and Federal Funding
    5. Preemption and the Controlled Substance Act
  2. Banking and Financing for the Marijuana Industry
    9:45 - 10:30, Written and Presented by Aimellia K. Siemson in Sacramento and San Francisco.
    1. Federal Rules and Regulations Affecting Financing
      1. Controlled Substance Act
      2. Bank Secrecy Act
      3. 18 USC §1956
    2. Interpreting the Latest FinCEN and Justice Department Guidance
    3. Lender Due Diligence with Cannabis Businesses
    4. Bank Forensic Audits of Businesses: Determining the Source of Funds
    5. Getting the Loan: Providing Transparency to Lenders
  3. Marijuana Businesses Law in California
    10:45 - 12:00, Written and Presented by Hanspeter Walter in Sacramento and San Francisco.
    1. Powers of State Regulatory Agencies
    2. Business Types Allowed
    3. Marketing Restrictions
    4. Zoning Requirements
    5. Employment Rules and Restrictions for Cannabis Businesses
    6. Negotiating Third-Party Agreements with Cultivators, Managers, etc.
    7. Premises Security Regulation Compliance
    8. Preparing for State Regulatory Agency Inspections
  4. Obtaining a California Cannabis Business License
    1:00 - 1:45 Written by Robert S. Fletcher. Presented by Hanspeter Walter in Sacramento and Robert S. Fletcher in San Francisco.
    1. Application Procedures: Avoiding Mistakes
    2. Grounds for License Refusal
    3. License Renewals
    4. License Transfers
    5. Appealing Application Denials
  5. Legal Best Practices for Marijuana Product Packaging and Testing
    1:45 - 2:30, Written and Presented by Aimellia K. Siemson in Sacramento and San Francisco.
    1. Labeling Rules: Product Dosage, etc.
    2. Packaging Restrictions: Appearance, Child-Proofing and Other Issues
    3. Obtaining Trademarks
    4. Ensuring Proper Food Safety Procedures for Edibles
    5. Product Testing and Third-Party Testing Laboratories
    6. Avoiding Product Liability Pitfalls
    7. Cannabis Disposal Protocols
  6. California Marijuana Taxation: The Latest Rules
    2:45 - 3:30, Written and Presented by Carl C. Randall Nash in Sacramento and San Francisco.
    1. State and Local Taxation Protocols for Marijuana Businesses
    2. Federal Tax Issues
      1. IRC §280E - Deduction of Business Expense
      2. Cash Payments
      3. Other Emerging Issues
    3. Business Strategies to Overcome Taxation Difficulties
    4. Current Tax Updates
  7. Ethics
    3:30 - 4:30, Written and Presented by Hanspeter Walter in Sacramento and San Francisco.
    1. Marijuana and Rules of Professional Conduct
    2. Duty to Pursue Justice
    3. Attorney Use of Cannabis Products
    4. Attorney Ownership of Cannabis Businesses

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